The US Field Manual (1956) states: “The purpose of this Manual is to provide authoritative guidance to military personnel on the customary and treaty law applicable to the conduct of warfare on land.”

United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 1.

The manual further incorporates the content of Article 47 of the 1949 Geneva Convention I, Article 48 of the 1949 Geneva Convention II, Article 127 of the 1949 Geneva Convention III and Article 144 of the 1949 Geneva Convention IV.

United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, § 14.

The US Air Force Pamphlet (1976) quotes a directive of the Department of Defense which provides:

The Armed Forces of the United States will insure that programs to prevent violations of the law of war to include training and dissemination as required by the Geneva Conventions … and by [the 1907] Hague Convention IV … are instituted and implemented …

The Secretaries of the Military Departments will develop internal policies and procedures consistent with this Directive in support of the [Department of Defense] law of war program in order to:

1. Provide publications, instructions, and training so that the principles and rules of the law of war will be known to members of their respective departments, the extent of such knowledge to be commensurate with each individual’s duties and responsibilities.

United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 1-4(c).

The Pamphlet also stipulates: “All states must include the text of the Conventions in programs of military … instruction.”

United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, § 15-2(b).

The US Soldier’s Manual (1984) states:

Although all Americans – soldiers, citizens, and leaders – have a legal obligation to know and abide by these laws of war, soldiers must be especially aware of them … This publication is intended to help you, today’s soldier, know and understand these laws of war.

United States, Your Conduct in Combat under the Law of War, Publication No. FM 27-2, Headquarters Department of the Army, Washington, November 1984, p. 3.

The US Instructor’s Guide (1985) states: “All soldiers must know about [the 1907 Hague Conventions and the 1949 Geneva Conventions] and customary laws and understand how they work.”

United States, Instructor’s Guide – The Law of War, Headquarters Department of the Army, Washington, April 1985, p. 5.

The Guide also specifies:

This circular provides guidance, lesson outlines, and courses for required training in the law of war which includes the Hague Convention Number IV of 1907, the Geneva Conventions of 1949, and the customary law of war.

United States, Instructor’s Guide – The Law of War, Headquarters Department of the Army, Washington, April 1985, p. ii.

The US Naval Handbook (1995) provides:

It is the responsibility of the Chief of Naval Operations and the Commandant of the Marine Corps … to ensure that:

…

All service members of the Department of the Navy, commensurate with their duties and responsibilities, receive, through publications, instructions, training programs and exercises, training and education in the law of armed conflict.

United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), § 6.1.2.

The US Naval Handbook (2007) states: “All service members of the Department of the Navy, commensurate with their duties and responsibilities, must receive, through publications, instructions, training programs and exercises, training and education in the law of armed conflict.”

United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, p. 19.

The US Manual on Detainee Operations (2008) states:

Training for Detainee Operations

… When U.S. forces conduct detainee operations, they must possess the text of the applicable [1949] Geneva Conventions and be instructed as to their provisions. Because the Armed Forces of the United States comply with the law of war as a matter of DOD [Department of Defense] policy during all operations, this requirement is applicable as a matter of policy to all detention operations.

The 1979 version of the US Department of Defense Directive on the Law of War Program stated: “The Armed Forces of the U.S. shall institute and implement programs to prevent violations of the law of war to include training and dissemination, as required, by the Geneva Conventions.”

United States, Department of Defense Directive on the Law of War Program No. 5100.77, 10 July 1979, p. 2, Section E(1)(b).

In 1987, a Deputy Legal Adviser of the US Department of State, referring to Articles 80–85 of the 1977 Additional Protocol I, affirmed: “We support the principle that their study be included in programs of military instruction.”

United States, Remarks of Michael J. Matheson, Deputy Legal Adviser, US Department of State, The Sixth Annual American Red Cross-Washington College of Law Conference on International Humanitarian Law: A Workshop on Customary International Law and the 1977 Protocols Additional to the 1949 Geneva Conventions, American Journal of International Law and Policy, Vol. 2, 1987, p. 428.

In 1991, in response to an ICRC memorandum on the applicability of IHL in the Gulf region, the US Department of the Army stated: “The U.S. strongly supports [dissemination of IHL]. DoD Directive 5100.77, in implementation of U.S. law of war obligations, requires that all military personnel receive law of war training commensurate with their duties and responsibilities.”

United States, Letter from the Department of the Army to the legal adviser of the US Army forces deployed in the Gulf region, 11 January 1991, § 8(S), Report on US Practice, 1997, Chapter 6.6.

The 1998 version of the US Department of Defense (DoD) Directive on the Law of War Program, reissuing the one of 1979 and aiming “to ensure DoD compliance with the law of war obligations of the United States”, provided:

The Heads of the DoD Components shall: … institute and implement effective programs to prevent violations of the law of war, including law of war training and dissemination, as required by [the 1907 Hague Convention (IV) and the 1949 Geneva Conventions].

United States, Department of Defense Directive on the Law of War Program No. 5100.77, 9 December 1998, Section 5(3)(2).

In May 2004, Major General Antonio M. Taguba completed his report of an investigation, ordered by the Commander Coalition Forces Land Component Command, into allegations of detainee abuse and maltreatment by members of the 800th Military Police Brigade at Abu Ghraib Prison (Baghdad Central Confinement Facility (BCCF)). In part, the report recommended:

That all military police and military intelligence personnel involved in any aspect of detainee operations or interrogation operations in CJTF-7 [Commander, Combined Joint Task Force Seven], and subordinate units, be immediately provided with training by an international/operational law attorney on the specific provisions of The Law of Land Warfare FM 27-10, specifically the Geneva Convention Relative to the Treatment of Prisoners of War, Enemy Prisoners of War, Retained Personnel, Civilian Internees, and Other Detainees, and AR 190-8 [Enemy Prisoners of War, Retained Personnel, Civilian Internees, and Other Detainees].

…

That detention facility commanders and interrogation facility commanders ensure that appropriate copies of the Geneva Convention Relative to the Treatment of Prisoners of War and notice of protections be made available in both English and the detainees’ language and be prominently displayed in all detention facilities. Detainees with questions regarding their treatment should be given the full opportunity to read the Convention.

…

Detention Rules of Engagement (DROE), Interrogation Rules of Engagement (IROE), and the principles of the Geneva Conventions need to be briefed at every shift change and guard mount.

…

The Geneva Conventions and the facility rules must be prominently displayed in English and the language of the detainees at each compound and encampment at every detention facility IAW [in accordance with] AR 190-8.

United States, Department of Defense, Commander Coalition Forces Land Component Command, Investigation of the 800th Military Police Brigade (Taguba Report), May 2004.

On 25 August 2004, the report of an investigation into allegations that members of the 205th Military Intelligence Brigade had been involved in detainee abuse at the Abu Ghraib Detention Facility (an investigation ordered by the Commander, Combined Joint Task Force Seven (CJTF-7), and later supplemented with the appointment of an additional and more senior investigating officer by the Commander, US Army Materiel Command), was completed and forwarded to the ordering authorities. The report, authored by Lieutenant General Anthony R. Jones and Major General George R. Fay, found:

(12) Finding: Interrogator training in the Laws of Land Warfare and the Geneva Conventions is ineffective.

Explanation: The US Army Intelligence Center and follow on unit training provided interrogators with what appears to be adequate curriculum, practical exercises and man-hours in Law of Land Warfare and Geneva Conventions training. Soldiers at Abu Ghraib, however, remained uncertain about what interrogation procedures were authorized and what proper reporting procedures were required. This indicates that Initial Entry Training for interrogators was not sufficient or was not reinforced properly by additional unit training or leadership.

Recommendation: More training emphasis needs to be placed on Soldier and leader responsibilities concerning the identification and reporting of detainee abuse incidents or concerns up through the chain of command, or to other offices such as CID [Criminal Investigation Command], IG [Inspector General] or SJA [Staff Judge Advocate]. This training should not just address the rules, but address case studies from recent and past detainee and interrogation operations to address likely issues interrogators and their supervisors will encounter. Soldiers and leaders need to be taught to integrate Army values and ethical decision-making to deal with interrogation issues that are not clearly prohibited or allowed. Furthermore, it should be stressed that methods employed by US Army interrogators will represent US values.

Recommendation: DoD [Department of Defense] should improve training provided to all personnel in Geneva Conventions, detainee operations, and the responsibilities of reporting detainee abuse.

United States, Department of Defense, AR 15-6 Investigation of the Abu Ghraib Prison and 205th Military Intelligence Brigade (The Fay Report), 25 August 2004.

In December 2004, in a response to a communication from the Inter-American Commission on Human Rights regarding the detention and treatment of detainees held at the US naval base in Guantanamo Bay, Cuba, the United States stated:

[P]ersonnel assigned to Guantanamo go through an extensive professional and sensitivity training process to ensure they understand the procedures for protecting the rights and dignity of detainees at Guantanamo:

Personnel mobilizing for duty at Guantanamo receive training prior to deployment on detention facility operations, self-defense, safety, and rules on the use of force. Before beginning work at the facility, personnel again receive training on the Law of Armed Conflict, the rules of engagement, the standard operating procedures, and military justice.

During their tour they continue to receive briefings, and before every detainee movement they are briefed again on the rules of engagement and rules on the use of force.

United States, Department of State, Submission to Inter-American Commission on Human Rights Regarding Detention and Treatment of Detainees, 16 December 2004.

In 2005, in its second periodic report to the Committee Against Torture, the United States stated:

90. Personnel assigned to detention operations go through an extensive professional and sensitivity training process to ensure they understand the procedures for protecting the rights and dignity of detainees.

- Personnel mobilizing to detention operations receive training prior to deployment on detention facility operations, self-defense, safety, and rules on the use of force. Before beginning work, personnel again receive training on the law of armed conflict, the rules of engagement, the Standard Operating Procedures, military justice, and specific policies applying to detention operations in their area of responsibility. This is true of all service members deploying to serve in detention operations. All U.S. service members receive general training on the law of armed conflict, including the [1949] Geneva Conventions, as well as further law of armed conflict training commensurate with their duties.

…

122. U.S. Armed Forces receive significant training before being deployed and during their deployment. The United States incorporates by reference that section and reiterates that all employees and Armed Forces deployed in detention missions receive extensive training and education on the laws and customs of armed conflict, including humane treatment procedures and the obligations of the United States in conducting detention operations. With respect to Iraq, U.S. Armed Forces serving as interrogators and detention personnel are also trained to conduct themselves in accordance with the principles (including the prohibition on torture) set forth in the Geneva Conventions and to treat detainees humanely regardless of status.

United States, Second periodic report to the Committee Against Torture, 13 January 2006, UN Doc. CAT/C/48/Add.3/Rev.1, submitted 6 May 2005, Annex 1, pp.70 and 81, §§ 90 and 122.

In 2007, in its comments on the Human Rights Committee’s concluding observations on its second and third periodic reports, the United States stated in response to a recommendation concerning the provision of adequate training and guidance to personnel following allegations of suspicious deaths, torture and cruel, inhuman or degrading treatment or punishment inflicted by US personnel on detainees:

[T]he United States takes proactive measures not only to punish perpetrators of abuse but to train its personnel to prevent such acts, in particular by providing adequate training and clear guidance to its personnel (including commanders) and contract employees, about their respective obligations and responsibilities. Education programs and information for military personnel (including contractors) that are involved in the custody, interrogation or treatment of individuals in detention include extensive training on the law of war. This training is provided on an annual basis (or more frequently, as appropriate) for the members of every military service and every person, including contractors, who works with detainees. This training on the law of war includes instruction on the prohibition against torture and the requirement of humane treatment.

United States, Comments by the government on the concluding observations of the Human Rights Committee, 12 February 2008, UN Doc. CCPR/C/USA/CO/3/Rev.1/Add.1, submitted 1 November 2007, p. 7.

The US Instructor’s Guide (1985) states that, as a commander, “you must ensure your troops receive instruction in the law of war. You should ensure that they know and follow the applicable rules of engagement.”

United States, Instructor’s Guide – The Law of War, Headquarters Department of the Army, Washington, April 1985, p. 19.

The US Naval Handbook (1995) provides: “Officers in command of operational units are encouraged to utilize this publication as a training aid for assigned personnel.”

United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-2.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Transportation, US Coast Guard, October 1995 (formerly NWP 9 (Rev. A)/FMFM 1-10, October 1989), Preface, p. 21

The US Naval Handbook (2007) states: “Officers in command of operational units are encouraged to utilize this publication as a training aid for assigned personnel.”

United States, The Commander’s Handbook on the Law of Naval Operations, NWP 1-14M/MCWP 5-12.1/COMDTPUB P5800.7, issued by the Department of the Navy, Office of the Chief of Naval Operations and Headquarters, US Marine Corps, and Department of Homeland Security, US Coast Guard, July 2007, p. 19.

The US Manual on Detainee Operations (2008) states:

When U.S. forces conduct detainee operations governed by the [1949] Geneva Conventions, they must possess the text of the applicable conventions and be specially instructed as to their provisions … Pursuant to this obligation, JFCs [joint force commanders] are responsible to ensure … related training to enhance compliance with applicable law and policy.

The DFC [Detention Facility Commander] is the commander responsible for the execution of all detention facility operations … A DFC’s responsibilities normally include the following:

…

f. Ensuring that all personnel are properly trained on the rules for use of force (RUF), the law of land warfare, including the [1949] Geneva Conventions and all other applicable laws and policies, and that all personnel have an effective knowledge of the detention facility standard operating procedure (SOP).

The 1979 version of the US Department of Defense (DoD) Directive on the Law of War Program provided:

The Secretaries of the Military Departments shall develop internal policies and procedures consistent with this Directive in support of the DoD law of war program in order to:

(1) Provide publications, instructions, and training so that the principles and rules of the law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual’s duties and responsibilities.

United States, Department of Defense Directive on the Law of War Program No. 5100.77, 10 July 1979, Section E(2)(e)(1).

In 1991, in response to an ICRC memorandum on the applicability of IHL in the Gulf region, the US Department of the Army stated: “[IHL] training is a command responsibility.”

United States, Letter from the Department of the Army to the legal adviser of the US Army deployed in the Gulf region, 11 January 1991, § 8(S), Report on US Practice, 1997, Chapter 6.6.

The 1998 version of the US Department of Defense Directive on the Law of War Program provided that the Secretaries of the Military Departments shall “provide directives, publications, instructions, and training so that the principles and rules of the law of war will be known to members of their respective Departments, the extent of such knowledge to be commensurate with each individual’s duties and responsibilities”. Furthermore, they shall “ensure that programs are implemented in their respective Military Departments to prevent violations of the law of war, emphasizing any types of violations that have been reported”.

United States, Department of Defense Directive on the Law of War Program No. 5100.77, 9 December 1998, Sections 5(5)(1) and (2).

In May 2004, Major General Antonio M. Taguba completed his report of an investigation, ordered by the Commander Coalition Forces Land Component Command, into allegations of detainee abuse and maltreatment by members of the 800th Military Police Brigade at Abu Ghraib Prison (Baghdad Central Confinement Facility (BCCF)).The report stated:

I find that there was no clear emphasis by BG Karpinski [Commander of the 800th MP Brigade] to ensure that the 800th MP Brigade Staff, Commanders, and Soldiers were trained to standard in detainee operations and proficiency or that serious accountability lapses that occurred over a significant period of time, particularly at Abu Ghraib (BCCF), were corrected … Following the abuse of several detainees at Camp Bucca in May 2003, I could find no evidence that BG Karpinski ever directed corrective training for her soldiers or ensured that MP Soldiers throughout Iraq clearly understood the requirements of the Geneva Conventions relating to the treatment of detainees.

General Taguba’s recommendations included:

That BG Janis L. Karpinski, Commander, 800th MP Brigade, be Relieved from Command and given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings [including]:

•Failing to ensure that MP Soldiers in the 800th MP Brigade knew, understood, and adhered to the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

…

That COL Thomas M. Pappas, Commander, 205th MI Brigade, be given a General Officer Memorandum of Reprimand and Investigated UP Procedure 15, AR 381-10, US Army Intelligence Activities for the following acts which have been previously referred to in the aforementioned findings [including]:

•Failing to ensure that Soldiers under his direct command knew, understood, and followed the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

…

That LTC (P) Jerry L. Phillabaum, Commander, 320th MP Battalion, be Relieved from Command, be given a General Officer Memorandum of Reprimand, and be removed from the Colonel/O-6 Promotion List for the following acts which have been previously referred to in the aforementioned findings [including]:

•Failing to ensure that Soldiers under his direct command knew and understood the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

…

That LTC Steven L. Jordan, Former Director, Joint Interrogation and Debriefing Center and Liaison Officer to 205th Military Intelligence Brigade, be relieved from duty and be given a General Officer Memorandum of Reprimand for the following acts which have been previously referred to in the aforementioned findings [including]:

•Failing to ensure that Soldiers under his direct control knew, understood, and followed the protections afforded to detainees in the Geneva Convention Relative to the Treatment of Prisoners of War.

United States, Department of Defense, Commander Coalition Forces Land Component Command, Investigation of the 800th Military Police Brigade (Taguba Report), May 2004.